[G.R. No. 141882. March 11, 2005.] J.L.T. AGRO, INC., represented by its Manager, JULIAN L.

TEVES, petitioner, vs. ANTONIO BALANSAG and HILARIA CADAYDAY, respondents. IF THE PARTITION IS MADE BY AN ACT INTER VIVOS, NO FORMALITIES ARE PRESCRIBED BY LAW. The first paragraph of Article 1080, which provides the exception to the e xception and therefore aligns with the general rule on future things, reads: ART . 1080. Should a person make a partition of his estate by an act inter vivos, or by will, such partition shall be respected, insofar as it does not prejudice th e legitime of the compulsory heirs. . . . In interpreting this provision, Justic e Edgardo Paras advanced the opinion that if the partition is made by an act int er vivos, no formalities are prescribed by the Article. The partition will of co urse be effective only after death. It does not necessarily require the formalit ies of a will for after all it is not the partition that is the mode of acquirin g ownership. Neither will the formalities of a donation be required since donati on will not be the mode of acquiring the ownership here after death; since no wi ll has been made it follows that the mode will be succession (intestate successi on). Besides, the partition here is merely the physical determination of the par t to be given to each heir. Article 1056 of the old Civil Code (now Article 1080) authorizes a testator to p artition inter vivos his property, and distribute them among his heirs, and this partition is neither a donation nor a testament, but an instrument of a special character, sui generis, which is revocable at any time by the causante during h is lifetime, and does not operate as a conveyance of title until his death. It d erives its binding force on the heirs from the respect due to the will of the ow ner of the property, limited only by his creditors and the intangibility of the legitime of the forced heirs. 42 [G.R. No. 68282. November 8, 1990.] RAQUEL CHAVEZ, GERARDO GIMENEZ and MANUELA BUENAVISTA VDA. DE CHAVEZ, petitioner s, vs. HON. INTERMEDIATE APPELLATE COURT (4th Civil Cases Division), ANTONIO CHA VEZ, ROSARIO CHAVEZ and CONCEPCION CHAVEZ, respondents Article 1080 of the New Civil Code allows a person to make a partition of his es tate either by an act inter vivos or by will and such partition shall be respect ed insofar as it does not prejudice the legitime of the compulsory heirs. While the law prohibits contracts upon future inheritance, the partition by the parent , as provided in Art. 1080, is a case expressly authorized by law (Art. 1347, pa r. 2, Civil Code of the Phil. by Padilla, 1987 Edition, p. 744.) Art. 1080 of th e Civil Code clearly gives a person two options in making a partition of his est ate; either by an act inter vivos or by WILL. When a person makes a partition by will, it is imperative that such partition must be executed in accordance with the provisions of the law on wills; however, when a person makes the partition o f his estate by an act inter vivos, such partition may even be oral or written, and need not be in the form of a will, provided that the partition does not prej udice the legitime of compulsory heirs. "In numerous cases it has been held or stated that parol partitions may be susta ined on the ground of estoppel of the parties to assert the rights of a tenant i n common as to parts of land divided by parol partition as to which possession i n severalty was taken and acts of individual ownership were exercised. And a cou rt of equity will recognize the agreement and decree it to be valid and effectua l for the purpose of concluding the right of the parties as between each other t o hold their respective parts in severalty. "A parol partition may also be sustained on the ground that the parties thereto have acquiesced in and ratified the partition by taking possession in severalty,

exercising acts of ownership with respect thereto, or otherwise recognizing the existence of the partition." (Hernandez vs. Andal, et al., 78 Phil. 196, 203.)